Opinion
S227387
07-20-2016
HARRIS (ANTONIO) ON H.C.
Order to show cause issued, returnable in Superior Court
The Secretary of the Department of Corrections and Rehabilitation is ordered to show cause before the Alameda County Superior Court, when the matter is placed on calendar, why the special circumstance finding should not be vacated based on newly discovered evidence that codefendant Eric Lockhart was the shooter. (See In re Lawley (2008) 42 Cal.4th 1231, 1238-1239; Pen. Code, § 190.2, subd. (d); People v. Banks (2015) 61 Cal.4th 788; Attorney General's Informal Response, filed January 29, 2016, at p. 21.) The return is to be filed on or before August 19, 2016.
Votes: Cantil-Sakauye, C. J., Werdegar, Chin, Corrigan, Liu, Cuéllar, and Kruger, JJ.